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2008 SCMR 1433

INAYAT ALI and others vs ABBAS ALI

Petitioner: INAYAT ALI and others VS Respondent: ABBAS ALI

Court: Supreme Court of Pakistan Decision Date: 2004-10-25

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Khalil-ur-Rehman Ramday, M. Javed Buttar Title: INAYAT ALI and others vs ABBAS ALI Case No.: Civil Petition No,2565(L) of 2000 Date of Judgment:2004-10-25 Reported As: 2008 SCMR 1433 Result: Petition dismissed

Judgment ORDER ' KHALIL-UR-REHMAN RAMDAY, J.--- The petitioner svendees were non-suited by the High Court on the ground of limitation. It has been found as a fact by the two learned Courts i.e, the learned appellate Court and the Honourable Revisional Court that the vendees had not been able to establish that possession had been delivered to them when the sale agreement in question had been executed by the vendor in their favour. The learned Advocate Supreme Court has also not been able to show as to how could a sale be said to be completed before the time when proprietary rights had still not been conferred on the vendor. These were the two essential issues, on account of which, the learned Judge in Chambers had dismissed the petitioners' Civil Revision No,1057 of 1996 which then led them to this Court with the present petition. 2. Having examined all aspects of the matter, we find that no exception could be taken to the said findings and the proposition of law as laid down by the Honourable High Court. This petition is, therefore, dismissed. Leave refused.

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